PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 335 Annex 9: BSCI Code of Conduct BSCI Code of Conduct 1 The present BSCI Code of Conduct version 1/2014 aims at setting up the values and principles that the BSCI Participants strive to implement in their supply chains. It was approved by the Foreign Trade Association (FTA) Board on 28 November 2013 and overrules the BSCI Code of Conduct version 2009 in all its translations. The present BSCI Code of Conduct consists of three major sections of information: a) Preamble, Interpretation, Our Values and Implementation, which apply to all Business Enterprises; b) Principles, which address more specifically the BSCI Participants Business Partners and c) BSCI Terms of Implementation, BSCI Reference and BSCI Glossary, which are integral parts of the Code and provide more detailed information on interpretation and implementation of the BSCI. The BSCI Code of Conduct version 1/2014 enters into force on 1 January 2014. BSCI monitoring against the principles of this Code will start in January 2015. Therefore, audits against the BSCI Code version 2009 will no longer be valid as of January 2015. The English version of this document is the legally binding one. I. Preamble The Business Social Compliance Initiative (BSCI) was launched by the Foreign Trade Association FTA, acknowledging that international trade is an essential vehicle for human prosperity and social economic growth. This code of conduct (the BSCI Code of Conduct) is a set of principles and values that reflect the beliefs of BSCI Participants and the expectations they have towards their business partners. The BSCI Code of Conduct refers to international conventions such as the Universal Declaration of Human Rights, the Children s Rights and Business Principles, UN Guiding Principles for Business and Human Rights, OECD Guidelines, UN Global Compact and International Labour Organization (ILO) Conventions and Recommendations relevant to improve working conditions in the supply chain. Business enterprises that endorse the BSCI Code of Conduct are committed to the principles set out in this document and to meeting, within their sphere of influence, their responsibility to respect human rights. BSCI and its participants (BSCI Participants) pursue a constructive and open dialogue among business partners and stakeholders in order to reinforce the principles of socially 1 Copyright 2014 by FTA Foreign Trade Association, Brussels BSCI Code of Conduct - Public Document V. 1/2014 1/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 336 responsible business. Furthermore, they see the building up of mature industrial relations between workers and management as being key for sustainable businesses. II. Interpretation In the BSCI Code of Conduct, the terms business enterprises cover both BSCI Participants and their Business Partners in the supply chain, particularly Producers. The appendices referred to at the end of the BSCI Code of Conduct (Terms of Implementation, BSCI References and BSCI Glossary) form an integral part of the BSCI Code of Conduct. The BSCI Code is to be read and interpreted in combination with them. Every business enterprise has different Terms of Implementation to adhere to, depending on their role in the supply chain and on whether or not they are going to be monitored within the BSCI. III. Our Values By endorsing the BSCI Code of Conduct and communicating it to their supply chain, BSCI Participants are guided by the following values: Continuous improvement: BSCI Participants undertake to implement the BSCI Code of Conduct in a step-by-step development approach. BSCI Participants expect their business partners to ensure the continuous improvement of working conditions within their organisations. Cooperation: By working together and taking a common approach, BSCI Participants will have a greater impact on, and better chance of improving working conditions in their supply chains. The value of cooperation is equally important in the relationship with the business partners in the supply chain, particularly those that need support in order to improve. Likewise, the spirit of cooperation is also critical in the relationship between business and affected stakeholders at different levels. Empowerment: A central aim for the BSCI is to empower BSCI Participants and their business partners, particularly in the case of producers who will be monitored, to develop their supply chains in a way that respects human and labour rights as well as to provide business units in the supply chain with the tools needed to improve working conditions in a sustainable manner. The development of internal management systems plays a critical role in bringing BSCI principles to the heart of business enterprises culture. Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 2/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 337 IV. Implementation The principles set out in the BSCI Code of Conduct represent the aspirational goals and minimum expectations that BSCI Participants have with regard to their supply chains social conduct. Even though the aspirations will remain unchanged, the minimum expectations of the BSCI Code of Conduct, which are translated into verifiable social standards, may change in line with changes in society. BSCI Participants commit to use reasonable endeavors to achieve the goals set out in the BSCI Code of Conduct. While they cannot guarantee full observance of all their business partners at all times, BSCI Participants commit to take reasonable measures to abide by the principles of the BSCI Code of Conduct, particularly in those regions and or sectors where higher risks of non-observance of the BSCI Code of Conduct exist. Needless to say, full observance is a process that takes considerable time, resources and effort; and gaps, shortcomings, failures and unpredictable occurrences will always remain a possibility. Nonetheless, BSCI Participants commit strongly to the early detection, monitoring and remediation of all such failures in their supply chains and remain open to constructive engagement with stakeholders who are genuinely concerned with social compliance. Code Observance Obeying domestic laws is the first obligation of business enterprises. In countries where domestic laws and regulations are in conflict with, or set a different standard of protection than the BSCI Code of Conduct, business enterprises should seek ways to abide by the principles that provide the highest protection to the workers and environment. Supply Chain Management and Cascade Effect BSCI Participants acknowledge their capacity to influence social changes in their supply chains through their purchasing activities. They manage their relationships with all business partners in a responsible way and expect the same in return. This requires a co-operative approach where every business enterprise, (a) involves its respective business partners; (b) takes all reasonable and appropriate measures in its sphere of influence, needed to implement the BSCI Code of Conduct and (c) exchanges information to timely identify any challenge that requires mitigation. BSCI Participants and their business partners strive to further detail the root causes of any such adverse impact in human rights, particularly when sourcing from high-risk regions or sectors. So as to embed this responsibility, business enterprises should act with due diligence and develop the necessary management systems, policies and processes to a reasonable extent as well as effectively prevent and address any adverse human rights impacts that may be detected in the supply chain. Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 3/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 338 For producers that will be monitored, internal management systems are particularly encouraged as an effective way to embed the BSCI Code of Conduct in their business practices. Terminating a business relationship or an individual contract with a business partner because of a struggle to implement the BSCI Code of Conduct is considered a last resort. However, it may be necessary to terminate a business relationship or individual contract if the business partner fails to act in a manner consistent with the principles set out in the BSCI Code of Conduct, and/or when the business partner is unwilling to undertake the measures needed to fulfill any of the obligations set out in and/or inherent to the BSCI Code of Conduct. Workers Involvement and Protection Business enterprises should establish good management practices that involve workers and their representatives in sound information exchange on workplace issues, and allow for appropriate measures for protecting workers in line with the aspirations of the BSCI Code of Conduct. Business enterprises should take specific steps to make workers aware of their rights and responsibilities. In addition, business enterprises are required to build sufficient competence among employers, managers, workers and workers representatives in order to embed these practices in the business operation successfully. Continuous education and training at each level of work is essential, particularly with regard to Occupational Health and Safety. Business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted. Even where judicial systems are effective and well-resourced, grievance mechanisms may offer particular advantages such as speed of access and remediation, reduced costs and transnational reach. V. Principles BSCI Participants expect all their business partners to observe the BSCI Code of Conduct. Furthermore, any business partners that are monitored against the principles below are to show evidence that they take (a) all necessary measures to ensure their own observance of the BSCI Code of Conduct and (b) reasonable measures to ensure that all of their business partners involved in the production process(es) observe the BSCI Code of Conduct. The rights of Freedom of Association and Collective Bargaining Business partners shall: (a) respect the right of workers to form unions in a free and democratic way; (b) not discriminate against workers because of trade union membership and (c) respect workers right to bargain collectively. Business partners shall not prevent workers representatives from having access to workers in the workplace or from interacting with them. Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 4/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 339 with the right to resting breaks in every working day and the right to at least one day off in every seven days, unless exceptions defined by collective agreements apply. Occupational Health and Safety Business partners observe this principle when they respect the right to healthy working and living conditions of workers and local communities, without prejudice to the specific expectations set out hereunder. Vulnerable individuals such as - but not limited to - young workers, new and expecting mothers and persons with disabilities, shall receive special protection. Business partners shall comply with occupational health and safety regulations, or with international standards where domestic legislation is weak or poorly enforced. The active co-operation between management and workers, and/or their representatives is essential in order to develop and implement systems towards ensuring a safe and healthy work environment. This may be achieved through the establishment of Occupational Health and Safety Committees. Business partners shall ensure that there are systems in place to detect, assess, avoid and respond to potential threats to the health and safety of workers. They shall take effective measures to prevent workers from having accidents, injuries or illnesses, arising from, associated with, or occurring during work. These measures should aim at minimizing so far as is reasonable the causes of hazards inherent within the workplace. Business partners will seek improving workers protection in case of accident including through compulsory insurance schemes. Business partners shall take all appropriate measures within their sphere of influence, to see to the stability and safety of the equipment and buildings they use, including residential facilities to workers when these are provided by the employer as well as to protect against any foreseeable emergency. Business partners shall respect the workers right to exit the premises from imminent danger without seeking permission. Business partners shall ensure adequate occupational medical assistance and related facilities. Business partners shall ensure access to drinking water, safe and clean eating and resting areas as well as clean and safe cooking and food storage areas. Furthermore, business partners shall always provide effective Personal Protective Equipment (PPE) to all workers free of charge. No Child Labour Business partners observe this principle when they do not employ directly or indirectly, children below the minimum age of completion of compulsory schooling as defined by law, which shall not be less than 15 years, unless the exceptions recognised by the ILO apply. Business partners must establish robust age-verification mechanisms as part of the recruitment process, which may not be in any way degrading or disrespectful to the worker. This principle aims to protect children from any form of exploitation. Special care is to be Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 6/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 340 taken on the occasion of the dismissal of children, as they can move into more hazardous employment, such as prostitution or drug trafficking. In removing children from the workplace, business partners should identify in a proactive manner, measures to ensure the protection of affected children. When appropriate, they shall pursue the possibility to provide decent work for adult household members of the affected children s family. Special Protection for Young Workers Business partners observe this principle when they ensure that young persons do not work at night and that they are protected against conditions of work which are prejudicial to their health, safety, morals and development, without prejudice to the specific expectations set out in this principle. Where young workers are employed, business partners should ensure that (a) the kind of work is not likely to be harmful to their health or development; (b) their working hours do not prejudice their attendance at school, their participation in vocational orientation approved by the competent authority or their capacity to benefit from training or instruction programs. Business partners shall set the necessary mechanisms to prevent, identify and mitigate harm to young workers; with special attention to the access young workers shall have to effective grievance mechanisms and to Occupational Health and Safety trainings schemes and programmes. No Precarious Employment Business partners observe this principle when, without prejudice to the specific expectations set out in this chapter, (a) they ensure that their employment relationships do not cause insecurity and social or economic vulnerability for their workers; (b) work is performed on the basis of a recognised and documented employment relationship, established in compliance with national legislation, custom or practice and international labour standards, whichever provides greater protection. Before entering into employment, business partners are to provide workers with understandable information about their rights, responsibilities and employment conditions, including working hours, remuneration and terms of payment. Business partners should aim at providing decent working conditions that also support workers, both women and men, in their roles as parents or caregivers, especially with regard to migrant and seasonal workers whose children may be left in the migrants home towns. Business partners shall not use employment arrangements in a way that deliberately does not correspond to the genuine purpose of the law. This includes - but is not limited to - (a) apprenticeship schemes where there is no intent to impart skills or provide regular employment, (b) seasonality or contingency work when used to undermine workers protection, and (c) labour-only contracting. Furthermore, the use of sub-contracting may not serve to undermine the rights of workers. Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 7/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 341 No Bonded Labour Business partners shall not engage in any form of servitude, forced, bonded, indentured, trafficked or non-voluntary labour. Business partners will risk allegations of complicity if they benefit from the use of such forms of labour by their business partners. Business partners shall act with special diligence when engaging and recruiting migrant workers both directly and indirectly. Business partners shall allow their workers the right to leave work and freely terminate their employment provided that workers give reasonable notice to the employer. Business partners shall ensure that workers are not subject to inhumane or degrading treatment, corporal punishment, mental or physical coercion and/or verbal abuse. All disciplinary procedures must be established in writing, and are to be explained verbally to workers in clear and understandable terms. Protection of the Environment Business partners observe this principle when they take the necessary measures to avoid environmental degradation, without prejudice to the specific expectations set out in this chapter. Business partners should assess significant environmental impact of operations, and establish effective policies and procedures that reflect their environmental responsibility. They will see to implement adequate measures to prevent or minimise adverse effects on the community, natural resources and the overall environment. Ethical Business Behaviour Business partners observe this principle when, and without prejudice to the goals and expectations set out in this chapter, they are not involved in any act of corruption, extortion or embezzlement, nor in any form of bribery - including but not limited to - the promising, offering, giving or accepting of any improper monetary or other incentive. Business partners are expected to keep accurate information regarding their activities, structure and performance, and should disclose these in accordance with applicable regulations and industry benchmark practices. Business partners should neither participate in falsifying such information, nor in any act of misrepresentation in the supply chain. Furthermore, they should collect, use and otherwise process personal information (including that from workers, business partners, customers and consumers in their sphere of influence) with reasonable care. The collection, use and other processing of personal information is to comply with privacy and information security laws and regulatory requirements. Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 8/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 342 VI. Appendices 1. Terms of Implementation 2. BSCI Reference: Compilation of International Standards relevant for the implementation of the Code such as ILO Conventions and Recommendations. 3. BSCI Glossary * * * * * * * The Business Social Compliance Initiative is a leading business-driven initiative for companies committed to improving working conditions in factories and farms worldwide. We unite more than 1000 companies around a development-oriented system applicable to all sectors and sourcing countries. Business Social Compliance initiative (BSCI) Av. De Cortenbergh, 172 1000 Brussels Belgium Tel: +32-2-762 05 51 Fax: +32-2-762 75 06 info@bsci-intl.org www.bsci-intl.org Copyright FTA 2014 BSCI Code of Conduct - Public Document V. 1/2014 9/9
PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 343 Terms of Implementation for BSCI Participants 1 I. Introduction For the purpose of this document, BSCI Participants refers to commercial entities such as retailers or importers, which are members of the Foreign Trade Association (FTA) and endorse the Business Social Compliance Initiative (BSCI). By signing these terms of implementation, BSCI Participants endorse the values and principles of the BSCI Code of Conduct and commit to take, within their sphere of influence, all reasonable and appropriate measures to promote their implementation in their supply chain. In doing so, BSCI Participants are subjected to the BSCI Commitment Formula. The terms below embody the commitment of the BSCI Participants towards improving working conditions in their supply chain. II. Commitment to socially responsible business 2.1. In undertaking the commitment set out in the BSCI Code of Conduct, BSCI Participants work together with other BSCI Participants in a collaborative way, and pursue a constructive and open dialogue with stakeholders particularly in case of urgent communication needs. 2.2. BSCI Participants actively communicate their endorsement of the BSCI Code of Conduct through their company organization and to their business partners and relevant stakeholders. 2.3. BSCI Participants require their business partners to work towards full observance of the Code of Conduct and the specific Terms of Implementation. They communicate the 1 Copyright 2014 by FTA Foreign Trade Association, Brussels Terms of Implementation BSCI Participants - Public Document V. 1/2014 1/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 344 BSCI Code of Conduct, Terms of Implementation and BSCI Glossary to their business partners and expect them to cascade the information to the different business partners relevant in the targeted supply chain. 2.4. BSCI Participants have the strategy, procedures and sufficient resources in place to meet the responsibilities related to the BSCI Code of Conduct and ensure that there is continuous improvement in its implementation. 2.5. BSCI Participants understand that, when holding the responsibility to follow up the efforts of their business partners towards full observance of the BSCI Code of Conduct they abide by the values and the procedures of BSCI. 2.6. BSCI Participants acknowledge that neglecting the values and principles of the Code of Conduct and/or violating these Terms of Implementation are sufficient grounds for the termination of their status as BSCI Participant. The burden of proof in this respect shall lie with FTA/BSCI. III. Embedding social responsibility into the business enterprise culture 3.1. BSCI Participants (e.g. through their buying practice such as price and/or delivering time) should not put their business partners in a position that prevents them from adhering to the BSCI Code of Conduct. 3.2. Purchasing and other relevant departments (or individuals) should be trained and incentivised in a manner that allows them to contribute to the integration of the principles of responsible business in the BSCI Participants company cultures. 3.3. BSCI Participants will complete all mandatory BSCI trainings within the first 6 months of their membership. 3.4. BSCI Participants stay actively engaged and up-to-date in the BSCI implementation. IV. Cooperation and empowerment in the supply chain 4.1. BSCI Participants engage in training and support their own staff as well as that of their business partners in order to build the necessary capacities to achieve and uphold the principles set out in the BSCI Code of Conduct. 4.2. BSCI Participants seek a constructive and open dialogue with their business partners over their ability to observe the BSCI Code of Conduct and assist them in order to help them meet these expectations. Copyright FTA 2014 Terms of Implementation BSCI Participants - Public Document V. 1/2014 2/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 345 4.3. BSCI Participants encourage the active co-operation between management and workers, and/or their representatives, in the development and implementation of systems and procedures that result in the successful implementation of the BSCI Code of Conduct. 4.4. BSCI Participants work in cooperation with their business partners (particularly with producers going through the monitoring process) to identify the root causes of any discrepancy in their conduct with the BSCI Code of Conduct and work towards improvements in a step wise approach. V. Due diligence in the supply chain 5.1. BSCI Participants commit to act diligently in (a) assessing actual and potential adverse impacts of their business against the values and principles of the BSCI Code of Conduct; (b) identifying in the supply chain where the most significant risks for these adverse impacts may occur and (c) acting upon them with the aim of preventing and/or addressing them in line with the BSCI Code of Conduct. 5.2. BSCI Participants gather and assess reliable information about their business partners responsible behaviour and keep the necessary documentary evidence that they have acted diligently. 5.3. BSCI Participants identify the business partners that shall be included in the BSCI monitoring process to promote the necessary changes towards improving working conditions. They seek further detail on the root causes of any discrepancy with the principles of the BSCI Code of Conduct and are proactive and comprehensive in the implementation of necessary corrective actions, particularly when sourcing from high-risk regions or sectors. 5.4. BSCI Participants require that their business partners (particularly those that are in the BSCI monitoring process) regularly report on their progress in implementing and/or upholding the BSCI Code of Conduct as well as the effectiveness of their responses to adverse impact to the values and principles of the BSCI Code of Conduct they may have been involved in. 5.5. BSCI Participants should engage in or support - to the extent possible- an effective operational level grievance mechanism to respond to individuals and communities adversely impacted by the supply chain. VI. Information management 6.1. BSCI Participants actively inform the BSCI Secretariat on the effectiveness of any responses to an adverse impact to values and principles of the BSCI Code of Conduct, which may be relevant for BSCI and other Participants. Copyright FTA 2014 Terms of Implementation BSCI Participants - Public Document V. 1/2014 3/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 346 6.2. BSCI Participants seek to understand the concerns of potentially affected stakeholders, from which they may need to seek advice and consult externally with credible, independent experts. This includes governments, civil society and workers representatives. 6.3. BSCI Participants commit to immediately inform the BSCI on any critical incident of their business partners that may result in an adverse impact to the values and principles of the BSCI Code of Conduct, as soon as they become aware thereof. 6.4. BSCI Participants shall maintain the BSCI Platform with updated and accurate information and will instruct their employees and representatives to use such information in compliance with the privacy and information security laws and regulatory requirements. 6.5. BSCI Participants agree that their business partners (particularly those being monitored in the BSCI) can be subjected to investigation measures in the frame of the BSCI Integrity Program, such as but not limited to Witness Audits, Duplicate Audits and Random Unannounced Checks (RUC). Signature on behalf of the Company Date of the signature Name of the company Name of the person Copyright FTA 2014 Terms of Implementation BSCI Participants - Public Document V. 1/2014 4/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 347 Terms of Implementation for Business Partners 1 I. Introduction For the purpose of this document, Business Partner refers to the commercial entity, such as importers or agents, with which the BSCI participant has a commercial relation, and through which the BSCI Participants intend to cascade the principles of the BSCI Code towards the producers that may be eventually monitored. It may also mean the commercial entity, such as subcontractors or sub-suppliers, with which a producer has a commercial relation and through which the producer intends to cascade the principles of the BSCI Code. By signing these Terms of Implementation, business partners endorse the values and principles of the BSCI Code of Conduct or equivalent and commit to take, within their sphere of influence, all reasonable and appropriate measures to observe them. The reference this document makes to the BSCI Code of Conduct includes any other equivalent code of conduct and respectively related system. Third-party partners, as mentioned in this document, refer to Business partners of the one who signs these Terms of Implementation. Business partners that have signed these Terms of Implementation are not subjected to the BSCI monitoring process. However, the BSCI Participant reserves the right to include them, when deemed relevant as result of the BSCI participant s due diligence process, in which case the business partner will need to sign the Terms of Implementation for Producers. II. Commitment to socially responsible business 2.1. In undertaking the responsibilities set out in the BSCI Code of Conduct, business partners work together with BSCI Participants and their third party-partners and pursue a 1 Copyright 2014 by FTA Foreign Trade Association, Brussels Terms of Implementation BSCI Business Partners - Public Document V. 1/2014 1/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 348 constructive and open dialogue with their stakeholders towards the application of the BSCI Code of Conduct. 2.2. Business partners actively communicate their endorsement of the BSCI Code of Conduct through their company organization and to their third-party partners. 2.3. Business partners require their third-party partners to work toward full observance of the BSCI Code of Conduct. 2.4. Business partners have the procedures and sufficient resources in place to meet their responsibilities related to the BSCI Code of Conduct. 2.5. Business partners require their third party-partners to work towards full observance of the BSCI Code of Conduct and take, within their sphere of influence, the reasonable measures necessary to make the BSCI Code of Conduct applicable to their third party partners. 2.6. Business partners acknowledge that neglecting the values and principles of the BSCI Code of Conduct and/or violating any of these Terms of implementation are sufficient grounds for BSCI Participants to terminate their business relations with signatory business partners. The burden of proof in this respect shall lie with BSCI Participants or thirdparty partners as applicable. III. Embedding social responsibility into the business enterprise culture 3.1. Business partners (e.g. through their buying practice such as price and/or delivering time) should not put their third party-partners in a position that prevents them from adhering to the BSCI Code of Conduct. 3.2. Purchasing and other relevant departments (or individuals) should be trained and incentivised in a manner that allows them to contribute to the integration of the principles of responsible business in the company culture. IV. Cooperation and empowerment in the supply chain 4.1. Business partners engage in training and support their own staff in order to build the necessary capacities to achieve and uphold the principles of the BSCI Code of Conduct. 4.2. Business partners seek a constructive and open dialogue with their respective third-party partners over their ability to observe the BSCI Code of Conduct and assist them in order to help them meet these expectations. Copyright FTA 2014 Terms of Implementation BSCI Business Partners - Public Document V. 1/2014 2/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 349 4.3. Business partners encourage the active co-operation between management and workers, and/or their representatives, in the development and implementation of systems and procedures that result in the successful implementation of the BSCI Code of Conduct. V. Due diligence in the supply chain 5.1. Business partners commit to act diligently in (a) assessing actual and potential adverse impacts of their business against the values and principles of the BSCI Code of Conduct; (b) identifying in the supply chain where the most significant risks for these adverse impacts may occur and (c) acting upon them with the aim of preventing and/or addressing them in line with the BSCI Code of Conduct. 5.2. Business partners gather and assess reliable information about their own business and third-party partners responsible behaviour and keep the necessary documentary evidence that they have acted diligently. 5.3. Business partners require that their third-party partners regularly report to them on their progress in implementing and/or upholding the BSCI Code of Conduct as well as the effectiveness of their responses to adverse impact to the values and principles of the BSCI Code of Conduct in which they may have been involved. 5.4. Business partners should set up or engage in -to the extent possible- an effective operational level grievance mechanism to respond to individuals and communities adversely impacted by their activities. VI. Information management 6.1. Business partners report accurately to BSCI Participants, as per request, on their implementation plan and continuous improvement of their third-party partners, as well as the effectiveness of any response to adverse impact to values and principles of the BSCI Code of Conduct, in which they may have been involved. 6.2. Business partners seek to understand the concerns of potentially affected stakeholders, from which they may need to seek advice, and consult externally with credible, independent experts. This includes governments, civil society and workers representatives to verify the effectiveness of their implementation process. 6.3. Business partners commit to immediately inform the BSCI Participant on any misconduct of their third-party partners of which they may become aware and that may result in an adverse impact to the values and principles of the BSCI Code of Conduct. Copyright FTA 2014 Terms of Implementation BSCI Business Partners - Public Document V. 1/2014 3/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 350 Signature on behalf of the Company Date of the signature Name of the company Name of the person Copyright FTA 2014 Terms of Implementation BSCI Business Partners - Public Document V. 1/2014 4/4
PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 351 Terms of Implementation for Business Partners to be involved in the BSCI monitoring process (Producers) 1 I. Introduction For the purpose of this document, "Producers" refers to the business partner in the supply chain of a BSCI Participant that manufactures goods (food or non-food) or produces raw materials and that, as a result of the BSCI Participant or Business Partner's due diligence, has been included in the BSCI monitoring process. This decision may come directly from the BSCI Participant or indirectly through a BSCI Participant's business partner. BSCI Participants reserve the right to include or exclude the producer in the monitoring process at any time, as a result of their own definitions of risks. By signing these Terms of Implementation, producers endorse the values and principles of the BSCI Code of Conduct and commit to take, the appropriate measures to observe the principles of the BSCI Code of Conduct at their own facilities. In addition, they will involve their significant business partner to act in a responsible way. 1 Copyright 2014 by FTA Foreign Trade Association, Brussels Terms of Implementation BSCI Business Partners to be monitored - Public Document V. 1/2014 1/5
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 352 II. Commitment to socially responsible business 2.1. In undertaking the responsibilities set out in the BSCI Code of Conduct, producers work together with BSCI Participants and pursue a constructive and open dialogue with their stakeholders towards the application of the BSCI Code of Conduct. 2.2. Producers actively communicate their endorsement of the BSCI Code of Conduct through their company organization and to their business partners. Producers shall display the BSCI Code of Conduct in the local language in an openly accessible location. 2.3. Producers confirm having read and understood the BSCI Code of Conduct and relevant Terms of Implementation and they commit to work towards full observance thereof, within their sphere of influence. 2.4. Producers have the procedures and sufficient resources in place to meet their responsibilities related to the BSCI Code of Conduct and ensure that there is continuous improvement in its implementation. 2.5. Producers require their significant business partners to work towards full observance of the BSCI Code of Conduct and take, within their sphere of influence, the reasonable measures necessary to make the BSCI Code of Conduct applicable to their own business partners. 2.6. Producers acknowledge that neglecting the values and principles of the BSCI Code of Conduct and/or violating any of these Terms of implementation are sufficient grounds for BSCI Participants or relevant business partners to terminate their business relations with a signatory producer. The burden of proof in this respect shall lie with BSCI Participants or business partners as applicable. III. Embedding social responsibility into the business enterprise culture 3.1. Producers should establish good management practices that involve workers and their representatives in sound information exchanges on the workplace issues. 3.2. Producers should set policies and procedures in place to ensure the observance of the principles of the BSCI Code of Conduct and appropriate protection of workers. 3.3. Producers should take specific steps to make workers aware of their rights and responsibilities, in particular to the most disadvantaged groups (e.g. migrant workers). 3.4. Producers should build sufficient competence among the managers and workers in order to embed the BSCI Code of Conduct in their business enterprise culture. 3.5. Production, Human Resources and other relevant departments (or individuals) should be trained and incentivised in a manner that allows them to contribute to the integration of the principles of responsible business in the business enterprise culture. Copyright FTA 2014 Terms of Impl. BSCI Business Partners to be monitored - Public Document V. 1/2014 2/5
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 353 IV. Cooperation and empowerment of their own facilities and supply chain 4.1. Producers engage in training and support their own staff in order to build the necessary capacities to achieve and uphold the principles of the BSCI Code of Conduct. 4.2. Producers seek a constructive and open dialogue with their workers and workers representatives over their responsibility to observe the principles of the BSCI Code of Conduct 4.3. Producers seek a constructive and open dialogue with significant business partners over their ability to observe the BSCI Code of Conduct and assist them in order to help them meet these expectations. V. Due diligence in their own facilities and in their supply chain 5.1. Producers commit to act diligently in (a) assessing actual and potential adverse impacts of their business against the values and principles of the BSCI Code of Conduct; (b) identifying in their own facilities and their supply chain where the most significant risks for these adverse impacts may occur and (c) acting upon them with the aim of preventing and/or addressing them in line with the BSCI Code of Conduct. 5.2. Producers gather and assess reliable information about their own business and business partners responsible behaviour and keep the necessary documentary evidence that they have acted diligently. They seek further detail on the root causes of any discrepancy with the principles of the BSCI Code of Conduct and take the necessary corrective actions. 5.3. Producers require that their business partners regularly report to them on their progress in implementing and/or upholding the BSCI Code of Conduct as well as the effectiveness of their responses to adverse impact to the values and principles of the BSCI Code of Conduct in which they may have been involved. 5.4. Producers should set up or engage in -to the extent possible- an effective operational level grievance mechanism to respond to individuals (particularly their workers) and communities adversely impacted by their activities. Copyright FTA 2014 Terms of Impl. BSCI Business Partners to be monitored - Public Document V. 1/2014 3/5
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 354 VI. Information management 6.1. Producers report accurately to BSCI Participants on their implementation plan and continuous improvement of their own business, as well as the effectiveness of any response to adverse impact to values and principles of the BSCI Code of Conduct in which they may have been involved. 6.2. Producers seek to understand the concerns of potentially affected stakeholders, from which they may need to seek advice, and consult externally with credible, independent experts. This includes governments, civil society and workers representatives to verify the effectiveness of their implementation process. 6.3. Producers commit to immediately inform the BSCI Participant -to the extent possible- of any misconduct of themselves and/or their business partners, particularly subcontractors, of which they become aware and that may result in an adverse impact to the values and principles of the BSCI Code of Conduct. VII. Monitoring toward improvements 7.1. Producers monitor that the BSCI Code of Conduct is observed by them and their business partners involved in the production process based on a development-oriented approach. 7.2. Producers acknowledge the importance of having trustful relationships and will not be involved in falsifying any information, particularly documentary evidence relevant for the monitoring of their performance towards observance of the BSCI Code of Conduct. 7.3. Producers agree that the individual auditors working on behalf of or otherwise representing an Auditing Company conducting BSCI audits may gather the necessary documentary evidence. This includes - but is not limited to - pictures of their production site(s) as well as copies of business documents relevant for the audit. 7.4. Producers agree that confidential interviews with workers representatives and workers freely chosen by the auditors are conducted, without any influence from the producer side. 7.5. Producers agree that all audit information will be recorded in the BSCI Platform. This Platform allows sharing of the audit reports among BSCI Participants. 7.6. Producers agree that the information gathered in their facilities during the BSCI Audit can be shared with third parties (i) insofar as this occurs within the framework of the BSCI; (ii) insofar as such transfer is necessary for the provisions by or on behalf of FTA/BSCIrelated activities, and/or (iii) the third parties agree to treat the information provided with utmost respect and for the only purpose relevant for the case. 7.7. Producers agree that the BSCI Auditors can be subject to a Witness Audit when conducting the BSCI audit in their facility. Witness Audits aim at ensuring the quality of Auditors / Auditing Companies performing BSCI audits. Therefore, they have no incidence on producers' performance or audit results and has no additional cost for the Copyright FTA 2014 Terms of Impl. BSCI Business Partners to be monitored - Public Document V. 1/2014 4/5
PART V ANNEX 9 Code of Conduct version 2014 FULL version PAGE 355 producer. Producers agree that if requested, their BSCI social audit will include a Witness Audit and the additional Auditors will be allowed access to the facility. 7.8. Producers agree that their facility and production sites can be subjected to investigation measures in the frame of the BSCI Integrity Program, - such as but not limited - to Witness Audits, Duplicate Audits and Random Unannounced Checks (RUC). Where RUC results will negatively differ from the previous audit result, the Producer will bear the full cost of the RUC. Signature on behalf of the Company Date of the signature Name of the company Name of the person Copyright FTA 2014 Terms of Impl. BSCI Business Partners to be monitored - Public Document V. 1/2014 5/5
PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 356 BSCI Glossary 1 The glossary is to be understood in the context of the BSCI and applies to the BSCI Participants and their business partners, particularly producers. It overrules all previous versions of the BSCI Glossary. Item Definition Agent Apprentice Apprenticeship Aspirational goals Audit Audit Integrity Program Auditee An actor in the supply chain that makes the connection between the buying business enterprise and the business enterprise selling the goods. The agent does not own the goods or produce them. For BSCI purposes, an Agent is a business partner. Someone who undertakes a system of learning a craft or gains specific expertise within a business enterprise of that sector of knowledge. Systematic, long-term training with alternating periods in a school or training centre and at the workplace; the apprentice is contractually linked to the employer and receives remuneration (wage or allowance). The terms of apprenticeship are usually regulated by law as well as by labour agreements. By means of these terms, the employer assumes responsibility for providing the apprentice with training leading to a specific occupation. Goals which help organisations to achieve a greater purpose in their mission and are usually set through a series of long and short term goals designed to help the organisation reach a designated point. A methodical examination or review of a condition or situation towards gathering satisfactory evidence. Audits must be objective, impartial and independent. The audit process must be both systematic and documented. For the purposes of the BSCI, the audits will verify social performance in the supply chain of BSCI Participants against the standards emanating from the BSCI Code of Conduct and its Terms of Implementation. They shall use the appropriate methodology and auditing tools. The term audit includes all types regardless of the methodology used and/or the scope. An ordered set of procedures designed to guarantee that BSCI values and principles are consistently respected when conducting BSCI audits. This includes but it is not limited to: a) Ensuring consistency and reliability of the monitoring process and associated activities; b) Ensuring consistency and reliability of Auditing Company performance. An organisation (or part of an organisation) that is being audited. Organisations can include one or several legal entities. For the purpose of the BSCI, producers are meant to be audited only once identified by the BSCI Participant as a result of its due diligence. 1 Copyright 2014 by FTA Foreign Trade Association, Brussels BSCI Glossary - Public Document V. 1/2014 1/11
PART V ANNEX 9 Code of Conduct version 2014 FULL version PREVIOUS PAGE 357 Therefore, BSCI Participants and business partners that don t have a production working environment are not eligible to be included in the BSCI monitoring process. Auditor A person appointed and authorised to deliver a qualified audit judgment on the social performance of the auditee. The auditor shall collect evidence by means of examination of documents, interviews and site inspection. For the purposes of the BSCI, auditors shall be experts of SAAS (see definition below) accredited Auditing Companies. They must satisfy high quality criteria and meet the competence requirements of SAAS and BSCI. Basic Needs Wage A wage that enables workers to cover their basic needs (housing, energy, nutrition, clothing, health care, education, potable water, child care, transportation and savings), includes additional discretionary income and takes into consideration dependents. Also referred to as Living Wage. Within the BSCI system, auditors are required to calculate the basic needs wage at the auditee level using the method developed by Social Accountability International (SAI) and report that calculation under the master data of the audit report. BSCI Commitment It refers to the public statement by which BSCI Participants embed their social responsibility. BSCI provides a commitment formula to support BSCI Participants in their planning to include business partners in the continuous improvement process towards social compliance. BSCI info seminar A formal presentation organised by the BSCI to provide participating companies with the information needed for the successful implementation of the BSCI. FTA members who endorse the BSCI shall attend one BSCI info seminar within 6 months after having joined the FTA. BSCI Participant Ordinary member of the Foreign Trade Association (FTA) who endorses the BSCI. BSCI Platform A group of IT features and technologies set by the BSCI to allow BSCI Participants to exchange information on the implementation of the BSCI in their supply chain. This includes, but is not limited to organisation of BSCI audits and sharing of audit reports. BSCI Stakeholder Council A governance body of the FTA. It may consist of maximum 20 representatives from stakeholder groups. It nominates one delegate to play an advisory role in the BSCI Steering Committee. BSCI Steering Committee Body of the FTA that decides on the BSCI activities. It is composed of nine ordinary members that use services related to the BSCI. The members of the BSCI Steering Committee must represent the diversity of the ordinary members regarding their size expressed in turnover. It also includes one representative of the Stakeholder Council with consultative rights only. BSCI Working Groups Bodies of the FTA established by the Steering Committee. They are made up of representatives from BSCI Participants and have a supporting role to the BSCI Steering Committee, which defines their mandate and specific tasks. Business Enterprise An organisation involved in the trade of goods, services, or both to consumers or clients, regardless of their form of ownership or the way they are organised (limit liability, tax advantage or compliance criteria ) For the purpose of the BSCI, business enterprises are the BSCI Participants and their business partners, particularly but not limited to producers whose social performance will be monitored. Business Partners Any external party from whom products or services are obtained or with whom contracts are concluded for the provision of such products and services. This relationship may be contractual, and may or may not require an exclusive bond. These are examples of Copyright FTA 2014 BSCI Glossary - Public Document V. 1/2014 2/11